Legal Opinion
Frishman v. Schmidt
New York Court of Appeals
Decided February 16, 1984PublishedCited by 82 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The rule that a zoning ordinance is to be strictly construed in favor of the property owner (see Matter of Allen v Adami, 39 NY2d 275, 277) is subject to the limitation that where it is difficult or impractical for a legislative body to lay down a rule which is both definitive and all-encompassing, a reasonable amount of discretion in the interpretation of the legislative direction may be delegated to an administrative body or official (Matter of Barney's, Inc. v Department of Fin., 61 NY2d 786;…
2Cases cited6 opinions
- Matter of Marburg v. ColeNew York Court of Appeals · 1941
- Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
- Allen v. AdamiNew York Court of Appeals · 1976
- Albert v. Board of Standards & Appeals of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Corter v. Zoning Board of Appeals for the Village of FredoniaAppellate Division of the Supreme Court of the State of New York · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- McGrath v. Town Board of Town of North GreenbushAppellate Division of the Supreme Court of the State of New York · 1998
- Schodack Concerned Citizens v. Town Board of SchodackAppellate Division of the Supreme Court of the State of New York · 1989
- FGL & L Property Corp. v. City of RyeNew York Court of Appeals · 1985
- Arceri v. Town of Islip Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
77 more not listed; retrieve them via the Exa API.